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Patna High Court

Avinash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Avinash Kumar was arrested in connection with a firearm injury alleged to have been inflicted on an informant during a land dispute. He faced charges under sections 115(2), 126, 109 and 3(5) of the B.N.S., 2023 and sections 25(1‑b)a, 26, 27 and 35 of the Arms Act. The petitioner argued that the case was motivated by a land‑related conflict and that the injury report did not substantiate the prosecution's case. The informant opposed bail. Considering the injury report and the length of the petitioner’s custody, the Court allowed the bail application, ordering release on a bond of Rs.10,000 with two sureties, while expressly stating that it was not passing on the merits of the case.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious firearm and arms offences alleged.
  • Whether the injury report and the circumstances of the land dispute justify bail.

Legislation cited

Subjects

  • bail
  • firearm injury
  • land dispute
  • Arms Act
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9213 of 2026
                   Arising Out of PS. Case No.-411 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Avinash Kumar Son of Late Sashi Kumar Singh Resident of Village- Baghari,
                 Ward No. 6, P.S.- Runnisaidpur, District- Sitamarhi. Presently residing at
                 Village- Bhadai, P.S.- Hathori, District- Muzaffarpur
                                                                               ... ... Petitioner
                                                      Versus
                 The State of Bihar                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. N.K. Agrawal, Sr. Advocate
                                                    Mr. Ashutosh Kumar, Advocate
                 For the State             :        Mr. Surendra Kumar, APP
                 For the Informant         :        Mr. Ashok Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-04-2026                        Heard learned Senior Counsel for the petitioner,

                   learned APP for the State and learned counsel for the informant.

                                      2.       The petitioner seeks bail in connection with

                   Runnisaidpur P.S. Case No.411 of 2025 registered for the

                   offence under sections 115(2), 126, 109 and 3(5) of the B.N.S.,

                   2023 and under sections 25(1-b)a, 26, 27 and 35 of the Arms

                   Act.

                                      3.       The petitioner and co-accused are said to

                   have caused fire-arm injury to the informant. The petitioner is in

                   custody since 06.11.2025.

                                      4.       Learned counsel for the petitioner submits

                   that from perusal of the F.I.R. it would be clear that there is land

                   dispute between the parties. He further submits that the land in

                   question does not belong to the informant rather, the same is in

                   the name of the petitioner and his family members and present

                   case has been lodged with an intention to pressurize the
            Patna High Court CR. MISC. No.9213 of 2026(4) dt.27-04-2026
                                                        2/2




                      petitioner and his family members to vacate the said land. It has

                      been submitted that the injury report does not fully support the

                      prosecution case.

                                      5.      Learned counsel for the informant has

                      vehemently opposed the prayer of the petitioner for grant of

                      bail.

                                      6.      Considering the injury report and also the

                      period of custody of the petitioner, this bail application is

                      allowed.

                                      7.      Let the petitioner, above named, be released

                      on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)

                      with two sureties of the like amount each to the satisfaction of

                      learned Judicial Magistrate, 1st Class, Sitamarhi / concerned

                      Court below, in connection with Runnisaidpur P.S. Case No.411

                      of 2025.

                                      8.      It is clarified that this Court has not

                      expressed any opinion on the merits of the case and the

                      observations made by this Court is only for the purpose of

                      deciding this bail application.


                                                                     (Sandeep Kumar, J)

pawan/-
U       T


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